- “Rules” refer to the provisions of this Agreement on the terms and conditions of Website use, as amended.
- “Website” refers to Our website, specifically: www.artunio.com, and the Artunio Application.
- “We” refers to the business entity:
Unchained Studios s. r. o.
Oravská Jasenica 256,
02964 Oravská Jasenica,
Company ID: 52140989, Tax ID: 2120914730,
registered in the Commercial Register of the District Court in Žilina, Section: Sro, Insert No. 71492/L. The supervising authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Žilina Region, Predmestská 71, 010 01 Žilina, Department of Technical Product Inspection and Consumer Protection (info@artunio.com, +421 917 074 325), which operates the Website.
- “You” are the user of the Website who has used or is using the Website, regardless of whether you are registered or not.
- “Someone” or “Others” refers to a person other than You.
- “Post” refers to any submission (e.g., opinion, statement, critique, stance, comment, expression, private message, image, photo, video clip, or any other content) that You have added to the Website.
- “Content” refers to any other content on the Website that is different from Posts.
- “Use” or “Using” refers to Your publishing or posting of a Post or Posts on Our Website, or any other related activity (browsing, etc.).
- “Service” refers to enabling the Use of the Website and making it accessible to You and Others. The Service is free, except for services on the Website where a price is explicitly stated. The cost of using remote communication tools (internet connection, etc.) for its use is standard, depending on the telecommunications service rates you use.
- “Registration” refers to the creation of Your user account and username on the Website.
- “Registered User” refers to You as a user who becomes a Registered User upon Registration on the Website, where, as a Registered User, you have your own username and password.
- “Cancellation of Registration” means Your or Our withdrawal from this Agreement on the terms and conditions of Website use, as amended (these Rules), resulting in the inability for You to Use the Website through Your user account. You can cancel Your Registration at any time by yourself in “Settings > Account,” and we may also cancel Your Registration in cases specified in these Rules.
- All of the above terms and definitions are used in the Rules in the necessary grammatical form. Thus, if an obligation is “Ours,” then We have that obligation, and if a prohibition concerns “You,” then it is not permitted for “You” to do it, etc. Similarly, if it is stated that “you are obliged,” it means “You are obliged,” and if “we are authorized,” it means that “We have the right” to do something, etc.
General Information
- These Rules are a legally binding agreement between You and Us. Before You start Using the Website, You are required to read these Rules. By Using the Website for the first time, You declare that You have read these Rules carefully, agree to them without reservation, are bound by them, and commit to complying with them. You also commit to adhering to applicable law (of the Slovak Republic and the country in which You are located) and good morals, and You commit not to perform any actions related to Using the Website that are contrary to applicable law, good morals, or these Rules.
- If You do not agree with these Rules, You may not Use the Website, and if You are already Registered, You must Cancel Your Registration.
- If You are under 16 years of age, You solemnly declare that Your parent or legal guardian has consented to the Rules and Your Use of the Website.
- These Rules regarding the Use of the Website are governed by the laws of the Slovak Republic, and any dispute or proceeding related to, concerning, or arising from the Use of the Website will take place in a court within the Slovak Republic in the jurisdiction of Our registered office.
- You agree that Your user account, its content, and all associated rights are non-transferable, non-inheritable, and exclusively linked to You personally or to Your Organization.
- If any provisions of these Rules become or are declared invalid or unenforceable, a corresponding legal provision will be applied according to the original intent of these provisions, while the remaining provisions of the Rules will remain valid and enforceable.
- The section titles in these Rules are intended solely for clarity and have no legal effect.
- These Rules also include the terms and conditions for Using individual parts of the Website (mostly technical in nature) as specified directly within the relevant section.
- These Rules may be produced in multiple language versions with identical content, with the Slovak version being the decisive version of the Rules.
Changes to the Rules
- We may change or add to these Rules at any time without notifying you, as we do not wish to inconvenience you with unsolicited mail. Therefore, it is in your best interest to review them from time to time and ensure that you are using the Website in accordance with them, as you are bound by these Rules and have committed to accepting any changes or additions to them.
- Any change or addition to the Rules on the Website, which you can access at any time via a link on the homepage, becomes effective upon its publication. Your continued Use of the Website after the change or addition becomes effective will be considered as your consent to the changes and additions to the Rules. If you do not agree with the changes or additions, you must cease using the Website, and if you are Registered, you must Cancel your Registration.
Disclaimer and Indemnification
- We cannot guarantee the legality, truthfulness, accuracy, completeness, timeliness, or compliance of Your Posts with these Rules, and therefore we assume no responsibility for any of Your Posts on the Website, as well as any other actions related to the Website in relation to Others.
- Since we cannot guarantee the complete truthfulness, timeliness, and accuracy of the Content provided on the Website, we are not responsible for its Content and also bear no responsibility for any damage or harm arising from Your or Someone else’s trust in this Content or in the Posts.
- Please note that Your Post is an expression of Your personal opinion, not Our opinion, and it is Your action; therefore, You are solely and exclusively responsible for it. By using the Website, You agree and commit that if any damage or harm arises to Us as a result of Your Post, You will indemnify Us in full, regardless of the amount and whether You acted intentionally or negligently, or whether the damage was caused by You alone or in collaboration with Others, etc.
- We bear no responsibility for any damage or harm that may be caused to You or Others in connection with the Use of the Website or the Service.
- We bear no responsibility for any missing content in Your Posts or for the absence of the Post itself.
- The Service is provided “as is,” and we bear no responsibility for uninterrupted functionality, flawless operation, or the security of the Services, nor for any possible interruption or termination of the provision of Services for any period or permanently. We may do so at any time with immediate effect, without providing a reason, and without notice.
Content Control and Post Administration
- We reserve the right to monitor and control all Posts to ensure compliance with applicable law and these Rules, and to change their visibility, remove them, if necessary, for which You grant Us full authority to do so based on Our exclusive discretion or in cases specified in these Rules, even without notifying You or Others.
- Although we have set these Rules for Your behavior and Posts, You cannot require Us to monitor all Your Posts for compliance with the Rules (although we have the right to do so). Therefore, we are not responsible for their content or for their compliance with the Rules.
- Similarly, due to technical and staffing reasons, it is not possible for Us to respond to all Your questions, requests, complaints, etc. regarding Posts, the Website, or the Service, given the large number of Posts.
- You agree that (in addition to other permissions listed in other sections of these Rules) we are authorized to archive copies of any of Your Posts, and to ensure that the Content of the Website and Posts (or parts thereof) cannot be indexed by various search engines on the internet (e.g., Google, etc.).
- We are authorized to notify You in the event of a violation or a threat of violation of these Rules or applicable law, and to intervene in such cases regarding Posts between You and Others (including, but not limited to, deleting a Post, modifying a Post or its visibility, and/or blocking access to parts of the Website, Canceling Registration, etc.).
Complaints
- You are required to ensure that each of Your Posts complies with applicable law and these Rules.
- Although we are not responsible for Your Posts or the consequences caused by them, we are interested in preventing any harm or damage caused by Posts on the Website and also in amicably resolving disputes.
- Therefore, we reserve the right, but are not obligated, to resolve disputes caused by a Post published on the Website between You and Someone.
- By this, you give us consent to proceed as follows in the event of a dispute:
a) If you believe that you have been affected by Someone’s Post because it is in violation of applicable law, you are required to send us a qualified notification regarding this matter to the address of our headquarters mentioned in the introduction of these Rules. A qualified notification means a written notice signed by you, which includes identification of the specific Post and its author (specific user), proof of the unlawfulness of the Post, evidence supporting this claim, and your name, surname, address, and email address. The qualified notification must be sent to us by registered mail to prove its actual delivery. Delivery by any other means, including email, will not be accepted for personal and technical reasons.
b) Within 5 business days of receiving the qualified notification, we will deliver this qualified notification to the author of the Post via electronic means (e.g., a scanned document through the internal mail system on the Website), along with a request for them to provide us with a statement regarding the legality of their Post.
c) The author of the Post is then required to submit a statement regarding the legality of the Post within 5 business days from receiving the qualified notification, using the same method as mentioned above (valid for delivering the qualified notification). The statement regarding the legality of the Post is a written notice signed by the author of the Post (with their notarized signature, and if they are under 18 years old, the notarized signature of at least one parent or legal guardian is required), which includes evidence proving the legality of the Post, supporting evidence, and the name, surname, address, and email address of the Post’s author.
d) If the author of the Post fails to comply with any obligation under this part of the Rules, they acknowledge and agree that their Post will be removed from the Website.
e) If the author of the Post fulfills all their obligations, we will send you a copy of the statement regarding the legality of the Post within 5 business days from receiving the statement. The Post will then be removed only upon your notification and proof that you have filed a lawsuit/other filing with the relevant court regarding the Post.
f) For these purposes, we are authorized to contact you and others (in this case, especially the author of the Post) and exchange your mutual contact details.
In the case of a Post by someone who is not registered, we will remove it immediately upon receiving the qualified notification.
g) Similarly, we will proceed in the opposite case, i.e., if someone believes they are affected by your Post because it violates applicable law.
Registration, its Cancellation, Your Data and Declarations
- Registration is not required to use the website. It is only necessary in certain cases for accessing specific sections of the website.
- By registering, you agree to provide us with truthful, accurate, and up-to-date information about yourself and to maintain it as such.
- We may refuse or cancel your registration if we suspect you are impersonating someone else, if your username is protected by law (e.g., trademark, business name, etc.), if it is used for advertising (e.g., www.sitename.com), or if it is vulgar, offensive, or based on our decision.
- We acknowledge our professional obligation to maintain the confidentiality of your data and recognize our duties regarding all personal and other data we process. Your rights under the data protection law remain fully preserved. We will not disclose your personal data to others except as stated in these Terms (e.g., in cases of complaints) or in the Privacy Policy (which is part of these Terms), or as required by applicable law.
- By using the website, you voluntarily and freely grant us the right, without any limitations regarding content, time, territory, or other restrictions:
a) consent in accordance with the Civil Code, for the use of your likeness, written expressions, images, and audio or video recordings related to you or your personal expressions, regardless of their nature and purpose, using all common methods, including their subsequent modification and potential combination with other works or inclusion in a collective work (e.g., photo albums).
b) a statement that individuals depicted in works or content forming part of your post have freely consented to the handling of the work or content in all the ways outlined in these Terms, and that neither we nor others will incur any harm or damage from publishing your post on our website. In the event that such harm or damage occurs, you agree to fully compensate the affected party (e.g., for photographs of your friends).
c) a license (sub-license, if the author is someone other than you) to publish a copyrighted work or other content protected by copyright law and applicable legal regulations, if it is included in your post.
d) A statement that you are the sole author of the work or other content of your post protected by copyright law and applicable regulations, or that you have obtained authorization (a license) from the author/authors of the work to use it within the scope of these Terms, including the right to grant us a sublicense; and that no works or other rights of third parties or their parts have been used in this work or other content of the post in any way, and that neither we nor others will incur any harm or damage from publishing the work or other content of your post on our website. In the event that such harm or damage occurs, you agree to fully compensate the affected party.
The previous provisions also apply to third parties authorized by us to perform certain activities and rights that you have granted to us.
- In your own interest, we ask that you do not post content that includes your personal data or any other information whose misuse could cause you harm or damage (this includes, but is not limited to, your personal identification number, ID card number, passport number, payment or credit card number, address, phone number, passwords, etc.).
- Due to the nature of the internet, we are not responsible for the security or protection of the data you provide to us through the internet and email communications, nor for how your data obtained by us is used by others. Therefore, you should be cautious when selecting the information you provide through the Website.
- We also are not responsible for the content of messages sent by others, and thus, we are exempt from any obligations related to the information you may receive from others.
- Please read the Privacy Policy carefully, where we provide detailed information about how your personal data is processed. If you have any questions regarding the handling of your personal data, feel free to contact us.
- We may cancel your Registration at any time, unilaterally, with immediate effect, and without providing a reason or notice. We will do so only in exceptional cases, but you must understand that our Website is not a public space with unrestricted freedom of speech, but rather a space that we have created, manage, and provide for you to use in accordance with applicable laws and these Terms.
- If you are found to have violated these Terms or applicable laws, we will cancel your Registration immediately upon discovering the violation.
- You may also cancel your Registration at any time by going to “Settings > Account.”
- You acknowledge that even after the cancellation of your Registration, we are authorized to retain your Posts and username published on the Website indefinitely.
Copyright Protection, Intellectual Property, and Other Rights
- We respect the intellectual property and other rights of others, and we ask that you do the same. If you believe your copyright, intellectual property, or other rights have been violated by any Posts, please contact us and follow the procedure similar to that for submitting a complaint.
- We are not responsible for the Content of Posts, and we are not liable for any potential infringement of copyrights, intellectual property rights, or other rights through Posts on the Website. As we aim to ensure the compliance of Posts and Content on the Website with applicable laws, you agree and commit to the following:
a) You will not post any Content that is protected by copyright law or other legal regulations protecting intellectual property rights and other rights, without the prior consent of the owner/holder of those rights.
b) You will respect the copyrights, intellectual property rights, and other rights of others, and you will not post any Content that violates copyright law or other legal regulations protecting intellectual property and other rights.
c) You will not remove any copyright, trademark, or other rights information contained on the Website.
d) You will not post any Content that is in violation of applicable law.
- We do not have the ability to monitor the compliance of the items contained in your Post with applicable law, therefore, we are not responsible for the items (e.g., defects, illegal origin, etc.) that are part of the Post, or for items that you sell or buy through certain sections of the Website, which are solely intended for the exchange of contact information between you and others.
Your Responsibilities, Declarations and Consents
- You are responsible for ensuring that if your computer is used by multiple people (e.g., at home, at work, or in an internet café), you log out at the end of your use of the Website so that no one else can access the Website under your username.
- Your user account is private and may only be used by you. Therefore, you are solely responsible for keeping your account and password confidential and for any use or activity performed by anyone who uses your account. You agree to promptly notify us of any unauthorized use of your account and ensure that you log out of your account at the end of each session.
- In your own interest, you agree and commit to not:
a) publish Posts or links to any websites containing vulgarities, obscenities, threats, or personal attacks against Others, Posts promoting, inciting, or defending the suppression of basic rights and freedoms, violence, fanaticism, racism, discrimination, defamation of population groups, racial, linguistic, gender, religious, political, social, national, and ethnic intolerance, hatred towards specific people or groups of people, especially ethnic or religious groups, or any other content that violates applicable law.
b) publish Posts containing unverified, misleading, false, or distorting information or any other (even true) data that could potentially harm Others (e.g., damage their reputation, good name, etc.).
c) publish Posts that are spam, hoaxes, or warez.
d) publish Posts containing information about someone else’s personal data without their consent.
e) publish Posts with the same (duplicate), incomprehensible, or nonsensical content,
f) publish Posts that defend or encourage the violation of applicable laws, good morals, or these Rules,
g) post advertisements, promote, or spread ads, publish Posts or links to other websites unrelated to the content of the Website, or links to commercial websites (non-paid advertising), except in cases designated by Us and except for personal recommendations based on Your experiences,
h) publish Posts promoting services of other individuals who are Our competitors,
i) publish Posts containing requests for goods or services, information about codes, discounts, coupons, and points,
j) publish Posts that slander, harass, or impose Your personal opinions on Others.
k) publish Posts that restrict or prevent Others from using the Website or Contributions that expose or may expose Others to harm or liability,
l) obstruct or disrupt discussions on the Website for Others,
m) disrupt or damage the provision of the Service or the Website, servers, networks, etc., associated with the Services or the Website, to post or use software viruses or any other computer codes, files, or programs that may interrupt, limit, or stop the provision of the Service or the functionality of computer software or hardware, or telecommunications equipment;
n) create or mirror the Website or any part of it without Our prior written consent,
o) use public proxy servers or other anonymization services that could be misused to attack the Website or the Service,
p) use automated scripts to gather information or otherwise affect the operation of the Website and the Service,
q) collect email addresses or other contact information from Others for any purpose.
r) process personal data about Someone else or publish them on the Website,
s) damage Us or Our good name and reputation in any way,
t)impersonate another individual or legal entity while using the Website,
u) create more than one Registration, register under more than one username, register as Someone else, or register on behalf of Someone else,
v) use the Website as Someone else or under the name of Someone else.
w) participate in competitions organized by Us or on Our Website, where the prize is a tangible or other prize; and if you violate this rule, you agree not to be included in such a competition or to be excluded from it. This applies solely to individuals who are in an employment or similar relationship with Us, as well as their family members, and also to individuals and employees of those involved in the provision, sponsorship, or organization of competitions, and their family members.
x) promote goods, services, and cooperation related to network marketing and multi-level marketing systems (e.g., Avon, Oriflame, Tupperware, Dedra, Global, Farmasi…) or network sales of insurance, financial products, and consultancy, including life insurance, with the exception of advertisements in the Services category.
y) circumvent the above restrictions.
- You also agree that:
a) advertisements and links to other websites and resources may be displayed on the Website (The content on these sites is not controlled by Us and We are not responsible for it. Connecting to or using them does not constitute approval by Us. If you decide to leave the Website and enter a third-party site, you do so at your own risk and should be aware that these Rules do not apply to it.)
b) we have all the rights granted to Us by these Rules and applicable law, and you will comply with the exercise of these rights.
c) if you suspect that someone is violating these Rules, you will notify Us.
d) the use of the Website is permitted only for your personal purposes. Using it for other purposes is prohibited without Our consent, except in cases designated by Us.
e) you have no right to any compensation, royalties, or similar payments for your published Posts on the Website.
f) any of your questions, comments, suggestions, ideas, proposals, or other information about the Website or Service (“proposals”), addressed to Us, are not confidential and may become Our property. We hold exclusive rights, including all intellectual property rights, and are entitled to unlimited use and distribution of these proposals for any purpose, commercial or otherwise, without any compensation to you.
g) any disposition, (use, publication, copying, etc.) of any Content on the Website and Posts published that is protected by copyright and is prohibited without Our prior express consent.
h) We are authorized to represent you in cases of protecting and enforcing your rights and legally protected interests (e.g., right to personality protection, copyright) related to the use of the Website against third parties, and for this purpose, you authorize Us to perform all necessary actions. (Note: Your right to protect and enforce your rights and legally protected interests remains unaffected, and you can still represent yourself or authorize any other person for representation.)
